Chief Justice Arthur Ngiraklsong in an order yesterday dismissed Brien Sers Nicholas lawsuit against the Election Commission and said that the lawyer did not meet the five- year residency requirement of Article IX, Section 6 of the Constitution of the Republic of Palau.
Chief Justice Ngiraklsong in affirming the Election Commission’s decision said that Nicholas has zero years of continuous presence in Palau immediately preceding the election.Nicholas through his lawyer Oldiais Ngiraikelau argued that he never left Palau and has been a resident of Angaur ever since.Nicholas argued that he was born and raised in Angaur but left Palau for studies. When he got a degree in law and passed the Hawaii State Bar Examination, he went to Saipan and worked there as an attorney in 1989 but he keep on coming back to Palau to attend funerals and family functions.Nicholas said although his wife and kids live in Saipan, he always thought of returning to Palau and that time has come. He said now is the time to come home and serve his hometown.Nicholas said he is a member of Palau Bar Association and has a business license to practice law in Palau and has serve as legal counsel to his clan in Angaur.Nicholas also argued that he has participated in the State and National election since 1984 up to the present.The government through Assistant Attorney General Nelson J. Werner argued that Nicholas failed to show any intent to live in Palau. Nicholas did not have a law office here in Palau and most of his clients are in Saipan. His wife and children are also staying in Saipan.Chief Justice in his order said that Nicholas right to vote as an Angaur resident was not the issue in this case, nor his status as a resident of the Senatorial district in which he is seeking office for not less than one year.The Chief Justice said the issue was the qualifications to run for the OEK as a resident of Palau for the five years preceding the election.Chief Justice said Nicholas has not lived in Palau since his graduation from high school and from 1989 until today he has voluntarily chosen to live, work and raise his family in Saipan.The Chief Justice said Nicholas did not manifest intent to make Palau his permanent home.“The Constitution requires more than the occasional family vacation or attendance at a funeral to establish physical presence for purposes of the five-year residency requirement for OEK candidacy,” Ngiraklsong said.Nicholas in an earlier interview during the hearing of the matter on Tuesday said that he will respect the court’s decision and as an officer of the court, he must abide by the court’s ruling.“In my heart, I have won, not through the court’s system or the election but through love of my country,” he said in Palauan.“I have paved the way for others (Palauans) to see so that if they want to run for office they will know what to do,” he said.Nicholas also broke into tears during his testimony about his residency and Chief Justice called for a short break.Nicholas explained why he got emotional at that time.The 46-year-old lawyer said that old memories of former Chief Justice Mamoru Nakamura brought back while he was sitting there at the courthouse.“It’s the same courthouse where former Chief Justice Nakamura held his cases and also I don’t like the feeling, I’m a Palauan but I’m being questioned so it’s all mixed up together,” he explained.Nicholas filed his nominating petition for the Senate on August 1, 2008.The Board reviewed his qualifications and questioned his residency.PEC refused to certify Nicholas petition because he did not meet the five- year residency requirement and was therefore ineligible for a Senate seat.Nicholas sued the PEC and sought for a declaratory judgment that he is a resident within the meaning of the Constitution and 23 PNC x1102 (c).
